The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-03-11
MAYOR JOHN HENRY BROWN
Decides the Neimeycr Beer Case and
Fines the Defendant 800.

mayors court; how two juries dis
agreed; how one case wa tried before
Acting Mayor Tom Brown nearly wo
weeks ago and taken under advise.
ment and no decision as yet rendered,
and how another case was tried before
Mayor John Henry Brown last Tues
day and taken under advisement.
The cases have been industriously
and vehemently defended by able at
torncys and prosecuted with skill by
Acting City Attorney Obcnchain,
who uncrringly pointed out the law
concerning su h cases to his honor
Mayor Brown at the close of his
court this morning rendered his de-
cision which the HERALD considers
worthy f publication in full as it is a
righteous decision under the law, the
facts and the circumstances. There
was no hesitation in his honor's man.
nor IN deciding this case. He felt he
was righI AMI he remarked AT the
close Of the reading that he would
risk his reputation and honor on tie
decision of this case bv the supreme
court should il be taken there.
After reading the caption o' the
case; TIE City OF Dallas VS.. VIM. Nci-
my or charged with cling beer in Il
variety tAeatcr read;
The defendant William Ncimyer, is
charged with selling beer in the build
ing formerly known as Turner Hall,
or a lot situated on the south side of
Commerce street, and used at the time
as variety theatcr, in violation of IAN
ordinance to prevent the sale, barter
or giving away Of wine beer or intoX-
icating liquors III any house or other
place in the city of Dallas, where The
atrical or dramatic representations are
given" approved January 23d, 1886.
The penalty affixed to violation of
this ordinance is fine OF not less than
$50 nor more than 800.
The sale of beer is both proven by
oral testimony and admitted by the
defendants; but the deftndl mt claims
in defence that the room or place in
which the beer was sold is not in, nor
a part OF the house, hall or room in
which the theatrical performance was
given.
Now, what are the facts shown in
the testimony? They show that the
large hall in question stands back per-
haps 70 or 80 feet from Commerce
street, that two small rooms are at
lached to the front of the hall, be-
tween which is n side hall way, that
this hall way, through a double door,
opens directly into the theatrical hall,
while one Of these small front rooms,
entered by door from the hall way,
is used as bar-room for the sale of
beer. and the other small room enter
cd in the same manner, is used
for refreshments, etc. 1t is further
shown that these two rooms are in no
wise connected with the street, except
ing as a part of the theatrical estab-
lishment, and are only opened in con-
nectiIn with theatrical exhibit ms.
The law in its object, as is well
known, was designed to prevent the
sale of intoxicating liquors in cstab
mcnts of this kind, where inexperi.
enced boys and youths incline to con-
eregate.
That the act OF the defendant in an
attempt 10 evade the law, and yet do
the thing forbidden as efIectually as if
done on the floor of the principal hall,
is TO my mind very clear
The entire building-the hall. the
stage, the two small rooms and the
hall way entrance 30 the whole con
s itute one and the same establish
ment, "wbcre," in the language of the
law, theatrical or dramatic repre-
SEM tions are given"
That this conclusion has not uecn
reached without fair investigation,
reference is made 10 three analogous
decisions of the supreme court of
Texas, fowl: Burdett VS.. the State,
OH Texas, page 43; Price VS.. The State,
18th exas, page 2l0, and Koran VS.
the Chief Justice OF Travis County,
9th Texas, page 226. the latter case
most fully and conclusively showing
the insulliciency of the defendants
plea in this case. The defendant, WT.
Neim yer, is found guilty OF the
charge and fined one hundred doI-I
lars. john HENRY Brown,
Mayer.
Acting Ma, or Tom Brown is long
PAST due on his decision, and the pub
lie must b. excused it ii entertains a
feeling of anxiety, why Mayor Tom
does no; come forth in his might and
strength and give them decision. lie
w rs advertised 10 In so III s mornino